Post by Sapphire Capital on Oct 18, 2008 0:05:42 GMT 4
A Comparative Fault Defense in Contract Law
Ariel Porat
Tel Aviv University
Michigan Law Review, 2009
U of Chicago Law & Economics, Olin Working Paper No. 436
Abstract:
This Article calls for the recognition of a comparative fault defense in contract law. Part I sets the framework for this defense and suggests the situations in which it should apply. These situations are sorted under two headings: cases of non-cooperation and over-reliance. Part II unfolds the main argument for recognizing the defense. It recommends applying the defense only in cases where cooperation or avoidance of over-reliance is low-cost.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1285478_code249436.pdf?abstractid=1156399&mirid=1
Ariel Porat
Tel Aviv University
Michigan Law Review, 2009
U of Chicago Law & Economics, Olin Working Paper No. 436
Abstract:
This Article calls for the recognition of a comparative fault defense in contract law. Part I sets the framework for this defense and suggests the situations in which it should apply. These situations are sorted under two headings: cases of non-cooperation and over-reliance. Part II unfolds the main argument for recognizing the defense. It recommends applying the defense only in cases where cooperation or avoidance of over-reliance is low-cost.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1285478_code249436.pdf?abstractid=1156399&mirid=1